ITT: I explain Drunkard's stupid story in one coherent paragraph
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Poast new message in this thread
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Date: September 23rd, 2018 1:50 PM Author: titillating insane mother base
what they needed to do is subpoena a records custodian of some sort to introduce the registration and prove ownership.
the dumbass 27 year old misdemeanor junior prosecutor forgot to do that, tried to press forward anyway, and they had to dump the case when they realized they would not be able to prove an element of the statute. this happens every day in most county courthouses.
but when it happens to drunkard, it's because he's a genius, fearless, a badass, and he knew to hire a fellow genius badass cowboy criminal defense attorney. it's special!
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36869497) |
Date: September 23rd, 2018 12:57 AM Author: emerald immigrant school cafeteria
Wait, serious question from a non-lawyer, please explain to me like I'm a 5 year old.
What's your (Drunktard's) liability in such a circumstance? Can the police compel you to give them that information knowing that you know who it was?
Does the answer change with the severity of the crime - e.g. if he had hit and killed a pregnant woman? (I would think yes in extreme circumstances e.g. terrorism / killing people....).
Also I find this interesting as someone with complete layman's knowledge of the law / criminal justice - but is this the same as if you were walking by on the street and saw a rape / murder / animal buggery, and you recognized the murderer? I suppose it would have to be the case that the police knew you recognized the person who committed the horse buggery? Is the defining feature of this question - or maybe it's unambiguous to everyone but me having no legal training - the fact that your property was used with consent, and then the property was used in the crime / murder / serial-buggery across 38 backyards in a suburban community?
Sorry these may sound like stupid questions but it seems interesting to me - on where the threshold is that legally obligates you to give up knowledge / information in your head while having no involvement in the crime (except that your property was used).
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867429)
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Date: September 23rd, 2018 12:59 AM Author: ultramarine piazza
I know nothing. They could subpoena me and I would say as much.
Even if that were not true, given the breadth of criminal statutes, only an idiot would say anything ever other than “on the advice of my counsel I excercise my fifth amendment right to remain silent.”
See Martha Stewart.
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867439)
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Date: September 23rd, 2018 1:01 AM Author: odious plum national water buffalo
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867448)
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Date: September 23rd, 2018 1:04 AM Author: Effete dilemma
Date: September 23rd, 2018 1:02 AM
Author: Drunkard
Allegations in a complaint are not evidence. How was Cooley?
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867459)
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Date: September 23rd, 2018 1:04 AM Author: ultramarine piazza
Date: September 23rd, 2018 1:04 AM
Author: Mario Lmao
Date: September 23rd, 2018 1:02 AM
Author: Drunkard
Allegations in a complaint are not evidence. How was Cooley?
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867465) |
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Date: September 23rd, 2018 1:10 AM Author: ultramarine piazza
Date: September 23rd, 2018 1:01 AM
Author: Mario Lmao
I don't understand how proof of car ownership wasn't included with the complaint. That isn't something a DA should depend on testimony for. Regardless his story has nothing to do with his own brilliance (or hack) and everything to do with incompetent civil servants. Society lost.
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867447)
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867492)
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Date: September 23rd, 2018 1:27 AM Author: ultramarine piazza
Someone needs to testify if you don’t stip to it (no one stips to anything in criminal trials). It, in theory, does not have to be a cop, but someone has to get up there and say, I obtained the registration for vehicle abc with plate xyz which is a year/model and here it is to introduce it into evidence.
Otherwise, they would have had to ask me and have me admit I owned the vehicle, which is what they tried to pull off, but I knew their game from reading the police report and seeing which cop showed up and only an idiot would take the stand, especially as part of the pros case.
The “hack” was having a good lawyer who (along with me) spotted the issue so I could go home after a 2min trial.
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36867602) |
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Date: September 23rd, 2018 1:27 PM Author: titillating insane mother base
"The “hack” was having a good lawyer who (along with me) spotted the issue so I could go home after a 2min trial."
A fresh out of law school PD would make the same 'catch' 9 times out of 10 and it would be borderline malpractice not to refute the state's case the same way if you had even ten minutes of criminal law experience.
but you're the man drunkard!
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36869319) |
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Date: September 23rd, 2018 4:24 PM Author: Balding walnut location
Yes, they forgot to bring “Kinny” the cop. But jeopardy has been triggered. The state can’t just be like “uh, we’re gonna get some
More evidence, brb.” The jury is sitting there waiting. And practically no judge is going to tolerate this.
Even more practically Drunkards lawyer can be like, btw they have no eye witnesses tying him to the scene. The entire case is it was his car and they forgot to bring the admissible evidence to prove it.
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36870457) |
Date: September 23rd, 2018 1:16 PM Author: titillating insane mother base
whenever drunkard tries to discuss the law, he sounds like an absolute retard. he's either cryptic when he has no clue, or he's discombobulated and guessing when he attempts to assert some knowledge. doesn't matter if it's rock simple stupid criminal law like this or biglaw horseshit.
compare how clear he is when he discusses things he actually knows about, like cars or guns. his knowledge and acumen are obvious, if not adorned with his usual layer of bullshit and puffery. but he always sounds like a fucking clown when he discusses law.
many biglaw lifers are like this. he probably practices in a niche regulatory area or something and has no clue how to be an actual attorney who performs legal analysis and advocacy. it's an important part of his ego and identity that people think he's some omnipotent, genius attorney who could pwn any opponent in any forum with his legal brilliance, but the truth is he's a know-nothing specialist.
(http://www.autoadmit.com/thread.php?thread_id=4084511&forum_id=2#36869257) |
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